Srinagar: The Chief Judicial Magistrate Budgam Monday held M/S Khyber Agro Farms Pvt Ltd guilty for selling substandard and unsafe milk. The court has imposed a fine of Rs 9 laks on the company and besides it has ordered six months imprisonment to the In-Charge Operations nominated by the said company. The court has also declared Food Analyst Kashmir either incapable or dishonest and has ordered for his immediate removal.
The court passed these directions in the case of State through Zeenat Ayoub Food Safety Officer area Budgam (complainant) V/s Incharge Operations nominated person for M/S Khyber Agro Farms Pvt Ltd, Muhammad Shafi Ganaie son of late Ghulam Muhammad resident of Repora Lar Ganderbal and Ghulam Ali Khan son of Ghulam Muhamamd a resident of Wahdatpora Budgam, proprietor M/S Yaseem Provision Store main chowk Budgam.
The complainant according to CNS had filed a case in the court of law on 19 March 2014 claiming that while on inspection tour to main market Budgam, inspected a number of Food Business Establishments (FBE) including the FBE of Ghulam Ali Khan proprietor M/S Yaseem Provisional Store. The complainant (Food Safety Officer) inspected various articles of food including the article of food (Toned Milk, Khyber) of which the sample was obtained under section 38 and 47 of FSS, act 2006. Complainant after examining the food articles physically served a notice in writing to the accused person on spot and collected the sample of Khyber Toned milk.
The sample of four sealed packets of toned Khyber milk after completing all the formalities were sent to the Food Analyst, Kashmir Province Srinagar for laboratory analysis. Ironically Food Analyst, Kashmir Province sent a positive report absolving the proprietor and the M/S Khyber Agro Farms Pvt Ltd. However the claims made by Food Analyst, Kashmir Province Srinagar turned out to be ambiguous and white lie when the same samples were sent to Referral Laboratory Kolkatta that clearly indicated that the sample of toned milk Khyber Brand is sub-standard, un-safe and misbranded. During investigation the proprietor maintained that he had purchased the said milk from M/S Khyber Agro Farms Pvt Ltd, Processors and Packers of Khyber Toned Milk.
The Chief Judicial Magistrate Budgam Imtiaz Ahmed Lone in its judgement said: this is not first case where it has come to the surface that the milk product manufactured by the accused company contains detergent, urea and other dangerous chemicals not only in milk but other edible products and in this behalf prosecution has been launched against the accused company and others. The accused company is facing similar cases before various courts, therefore, the presumption of innocence in favour of the accused company is ruled out. The apex court of the state has also taken cognizance suo moto against the product in question and the product is presently before the Honorable Supreme Court of the country, for the same offence.
The court maintained that M/S Khyber Agro Farms Pvt Ltd Village Ladhoo Lethpora Tehsil Pampore Pulwama is held guilty and is convicted through its Incharge Operations/nominated person namely Muhammad Shafi Ganaie and is accordingly convicted for sections 51,52,and 59 of FSS, Act-2006 (34 of 2006), penalty of Rs 9 lakhs for sub-standard food, mis-branded item and un-safe food and six months imprisonment to the accused company through nominated company.
The Court said that in all cases whether disposed of on account of time bar and under trial the Food Analyst Kashmir Mr Hamidullah Dar has given clean chit in favour of the accused company and in favour of the other companies and the department has been every time constrained to refer the matter to the Referral Laboratory Kolkatta, the style and manner displayed by Food Analyst Kashmir while discharging his duties in all important matters can be judged in two situations, either Hamidullah Dar (Food Analyst Kashmir) is incapable to conduct the test and discharge his duties to the expectations of his assignment and job or he is dishonest to his job. In both the circumstances the need of the time is to remove the person from the present assignment and initiate the process against him to declare him deadwood. Let displeasure of the court be conveyed and reflected in his service records as this court lacks trust in him and justice has been all time casualty at his hand. Persons like Hamidullah Dar is more dangerous than a fatal disease like cancer for the entire nation and incapacity or compromise with the nature of job like Food Analyst Kashmir cannot be accepted by any standards of expectations where lives of the citizens are involved. His style and manner of job is not dangerous to the present nation but it is equally dangerous for those who are yet to born and are being subjected to a treatment which they do not deserve, the court observed.
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